Xbox One: TOU Disclaimer Prevents Lawsuits by Consumers

By   /   Jun 12, 2013

The terms of use for the Xbox One contain a disclaimer that prohibits owners of the console to take any sort of class action lawsuit against Microsoft.

“You must accept Xbox Terms of Use (including Xbox software terms and game license terms), Microsoft Services Agreement, and Xbox One 1-year limited warranty. Some games have additional license terms.”

“Terms include binding arbitration with class action waiver to resolve disputes.”

Buying the console means you’re accepting their terms of usage and in doing so you can’t strike back at the company over denial of service or something unsatisfactory that you’ve found about the console.

I can’t really find this as something surprising and neither can I mold it into something anti-Microsoft. Yes, some of their decisions for the console itself have been controversial but the above mentioned disclaimer is just a defensive maneuver as far as Microsoft is concerned.

Similar disclaimers can be found put in by various companies in the US, including Sony. The great hacking fiasco of 2011 where Sony’s PlayStation Network was blown all over the web quickly followed the said change in Sony’s terms of usages. Suffice to say, it’s becoming a sort of standard clause for many companies.

However, it’s worthy to note that the clause is only acceptable in the US, it can’t be upheld under EU law.

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